How does MPEP 2144.07 apply to the combination of elements in an invention?
How does MPEP 2144.07 apply to the combination of elements in an invention?
MPEP 2144.07 also addresses the combination of elements in an invention. The section states:
“Reading a list and selecting a known compound to meet known requirements is no more ingenious than selecting the last piece to put in the last opening in a jig-saw puzzle.” 325 U.S. at 335, 65 USPQ at 301.”
This quote from the Sinclair & Carroll Co. v. Interchemical Corp. case suggests that combining known elements to fulfill known requirements is generally not considered inventive. In the context of patent examination, this means that if an invention simply combines known elements in a way that fulfills their known purposes, it may be considered obvious under 35 U.S.C. 103. Inventors and patent practitioners should be aware that to overcome an obviousness rejection based on this principle, they may need to demonstrate unexpected results or other indicia of non-obviousness when combining known elements.
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